Jay W. Myhran v. Johns-Manville Corporation, and Fibreboard Corporation and Raymark Industries, Inc.

Raymark Industries, Inc. and Fibreboard Corporation appeal from a judgment awarding Jay W. Myhran compensatory damages against Raymark and Fibreboard and punitive damages against Raymark. Myhran had developed asbestosis, and he alleged that his exposure to asbestos products in the course of employment had caused him personal injury. The district court tried this case in admiralty without a jury. The dispositive issue in this case is whether Myhran’s tort claims bear enough of a relationship to traditional maritime activity to justify the exercise of admiralty jurisdiction. We reverse because the district court lacked admiralty jurisdiction.

I

This is a products liability case against the manufacturers of asbestos products for damages suffered from the exposure to asbestos dust over a period of 18. to 20 years. The district court found that the overwhelming portion of Myhran’s exposure to asbestos-containing products occurred while he was employed as a pipefit-ter engaged in the repair and renovation of vessels on navigable waters. Myhran’s job required that he remove insulation materials before working on pipes. These materials contained asbestos, asbestos cement, and asbestos…